The Intersection of Mental Health Visits, Prenuptial Agreements, and Divorce

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The Intersection of Mental Health Visits, Prenuptial Agreements, and Divorce

By
Roscich & Martell Law Firm, LLC
|December 02, 2014

Divorce cases require the court to get involved in the personal details of a marriage
to determine the best way to unwind it. Consequently, divorce cases are
often highly emotional and can result in couples debating personal topics
in court. These sorts of issues can become complicated if there are state
laws that affect personal privacy layered on top of them.

For instance, Illinois law provides confidentiality for visits related
to a persons mental health, but a persons mental health can also be an
important issue in a divorce case. Consider a situation where a partner's
mental state may affect their legal obligations. Prenuptial agreements,
as with all contracts, must be signed by individuals who are legally capable
of doing so and agreed to under their own will - free of duress. Lacking
that capacity may result in the contract being unenforceable. Amidst divorce,
a partner to one of these agreements may argue along these lines to have
the agreement tossed out. But what evidence can be presented to prove
incapacity or duress, particularly when confidentiality and privacy rights
are involved?

An Example

This unique issue recently arose in a much publicized divorce case relating
to “the richest man in Illinois.” The case centers around
a hedge fund manager and his wife, who was also a successful financial
professional. Before getting married, the couple signed a prenuptial agreement
that laid out, among other things, certain stipulations about how the
property was to be divided in the event that the couple filed for divorce.

The wife in the case is now fighting to have that prenuptial agreement
invalidated. While there are a variety of ways that prenuptial agreements
can be invalidated under Illinois law, one of them is duress. A duress
argument can be made on the basis that one of the spouses signed the contract
based on the improper influences of another person. The wife argues that
prior to signing the agreement she met with the husbands psychologist
who also had a professional relationship with the husband, and that she
signed the prenuptial agreement on the improper advice of the psychologist.
Conversely, the husband, who was also present at the meeting, argues that
her disclosure of the meeting violated his right to keep communications
with his psychologist confidential under
Illinois law.

The Illinois Law In Question

Courts dealing with and similar issues are forced to make tough decisions
that way competing rights and interests. The issue of disclosure centers
around the Illinois Mental Health and Developmental Disabilities Confidentiality
Act. This Act places restrictions on when information about mental health
visits may be disclosed.

Cases may eventually hinge on nuanced details. For example, if both parties
were jointly present at a meeting with a mental health professional, then
either one may potentially claim privacy rights related to the meeting.
Alternatively some argue that the court should interpret the Act as applying
only to people seeking mental health treatment rather than simply counseling
on marital issues.

Divorce law can implicate a wide variety of other areas of law. If you
are considering a divorce, contact an experienced
Naperville divorce lawyer who can help guide you through these complex interactions.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.